Rosalind Phelps
Call date
1998
Practice Areas
Broad commercial and civil practice, specialising in:
- Arbitration
- Aviation
- Banking
- Civil Fraud
- Commercial Contracts
- Conflicts of law and jurisdiction
- Financial Services
- Freezing injunctions and other interim relief
- Information Technology
- Insurance and Reinsurance
- Judicial Review/Regulatory (including FSMA 2000)
- Professional Negligence
- Sale of Goods and International Trade
Recommendations (Practitioners' Guides)
Recommended by Chambers and Partners 2009 as a leading junior in Banking & Finance and Civil Fraud, and by The Legal 500 2009 in Aviation, Arbitration and Civil Fraud. Comments in the 2009 directories include:
“Nothing seems too difficult for her to handle, even within tight time constraints.”
Ros is “extraordinarily personable and highly consistent.”
“at the junior end the ‘exceptionally bright’ Rosalind Phelps has impressed clients as ‘one to watch’”.
“Phelps is praised on account of her ‘impeccable judgement’.”
“Rosalind Phelps continues to impress those around her with her ‘ultra calm exterior.’”
Education
BA Law and French Law (First Class): Pembroke College, Oxford
Diploma in French Law: University of Paris II
BCL (First Class): Pembroke College, Oxford
Prizes & Scholarships
Lincoln's Inn
Hardwicke Entrance Award
Sunley Scholarship and Accommodation Award
Levitt Scholarship
Oxford University
Rowe and Maw prize (Pembroke College)
Domus Scholarship (Pembroke College)
Simms prize (BCL)
British Academy award (BCL)
Professional Experience
Rosalind Phelps has a general commercial law practice with particular emphasis on banking, civil fraud, professional negligence, commercial contracts and aviation. She has substantial experience in both large scale commercial disputes (including, most recently, the Tajik Aluminium litigation in the Commercial Court) and also acting unled in smaller trials, arbitrations and interlocutory matters.
Recent Practice
Commercial Litigation:
Advised on and acted in a wide variety of commercial contract disputes and other commercial matters, including fraud claims, jurisdiction, injunction and summary judgment applications.
Tajik Aluminium Plant v Ermatov & Ors: Acted 2005-2008 for the principal Defendants in very heavy commercial litigation involving multiple parties and allegations of fraud arising out of contracts to supply raw materials to an aluminium smelter in the former Soviet Union. Appeared (led by Brian Doctor QC) in the trial of the action which began in the Commercial Court before Tomlinson J in October 2008. Issues raised included fraud, bribery, conspiracy, forgery and tracing claims, Russian, Tajik, Swiss and Swedish Law, trading commodities on the LME and jurisdiction.
Appeared (both led and unled) in numerous heavy interlocutory applications in the Tajik Aluminium litigation including a contested application to overturn a freezing injunction before Blackburne J ([2005] All ER (D) 250), a substantial jurisdiction application before Cresswell J which included issues as to ‘necessary or proper party’, Act of State and non-justiciability ([2006] All ER (D) 448), and an application for indemnity costs ([2006] All ER (D) 15).
Ashton Investments v Russian Aluminium (Rusal) [2007] 1 Lloyd’s Rep 311. Contested jurisdiction application in the Commercial Court (led by Brian Doctor QC) which decided the issue of where damage is sustained for the purposes of allegations of cross-border ‘hacking’ into computers.
Currently acting for a High Street bank in a substantial contractual dispute involving the provision of IT services.
Omnicash v Cashbox [2005] All ER (D) 364: Appeared (in June 2005) in a QBD trial concerning the formation and terms of a commercial agreement for the operation of ATMs.
Cable & Wireless plc v IBM: Appeared as junior counsel for IBM in Commercial Court action in 2003-2004 concerning the proper construction of a high value IT outsourcing contract.
Premier Profiles v Tioxide [2002] BLR 467: Acted for a manufacturer in a large product liability claim in the Commercial Court relating to discoloured uPVC windows.
Acted for Chinese clients in an ICC arbitration arising from supply of metal concentrates.
Banking & Finance:
Recommended as a leading junior in this field by Chambers & Partners since 2006. Advised and appeared for both high street and investment banks in disputes of varying sizes and types including those involving mortgages, guarantees, letters of credit and fraud/tracing claims. Advised various parties in relation to the Financial Services and Markets Act 2000, and recent ‘credit crunch’ issues, including for a leading emerging markets investment manager in relation to the enforcement of US$100M security in an M&A transaction in Russia.
Barclays Bank v Gangar & White (2007-2008): Acted for Barclays in proceedings for asset recovery/enforcement of charges against the perpetrators of a substantial fraud involving the Dobbs White accountancy firm.
Barclays Bank v El-Alami, Barclays Bank v Patel and others (2005-2008): Substantial claims in relation to mortgage/valuation frauds (see further below under Civil Fraud).
Barclays Bank v Sentry, Sprint and Mann: High Court trial for the bank in June 2005 in relation to a claim on a guarantee/restitution of monies paid by mistake.
National Westminster Bank v Feeney [2003] All ER (D) 131: Appeared in the Court of Appeal for the bank in appeal on the issue of whether the Claimant’s claim for misrepresentation had been stayed.
Anchor Trust v Credit Agricole Indosuez: Acted for the bank in a claim for breach of trust and misrepresentation in relation to the transfer of monies pursuant to a sale agreement.
European Bank for Reconstruction and Development v Glogowski: Acted for the bank in large guarantee claim relating to the construction of a hotel in Eastern Europe.
Civil Fraud:
Recommended as a leading junior in this field by Chambers & Partners since 2007 and by the Legal 500 since 2008. Wide experience of applications for freezing injunctions, Norwich Pharmacal orders and related matters.
Tajik Aluminium Plant v Ermatov & Others (2005-2008): Very substantial civil fraud claim in the Commercial Court relating to the supply of raw materials to an aluminium smelting plant in the former Soviet Union (junior counsel). See above under Commercial Litigation.
Barclays Bank v Patel & Others: (2006-2008): Commercial Court claim against 15 Defendants in relation to alleged mortgage/valuation fraud. Involved heavy applications for Norwich Pharmacal orders, multi-million pound freezing relief and applications to serve out of the jurisdiction.
Barclays Bank v El-Alami & Others: (with Timothy Howe QC) October 2005 freezing injunction and Commercial Court claim in relation to alleged mortgage fraud.
Aviation:
Recommended as a leading junior in this field by the Legal 500. Advised on and acted in a wide variety of aviation law matters including Warsaw Convention issues, property and contractual disputes, air accidents and discrimination claims against airlines. Recent cases include:
Emerald v Rolls Royce: Acted (with Michael Crane QC) for Rolls Royce in a large Commercial Court claim for economic loss following an air accident (preliminary issue as to existence of duty of care).
Advising UK tour operator in relation to contractual dispute with foreign airline.
Professional Negligence:
Experience includes professional negligence actions involving accountants, stockbrokers, architects, conveyancers, insurance brokers, interior designers, surveyors and mortgage valuers.
Law Society v Sephton & Co [2006] 2 AC 543 (HL); [2005] QB 1013 (CA): Acted for the Law Society (led by Timothy Dutton QC) in the Chancery Division trial of a preliminary issue in a professional negligence claim against a firm of accountants (when does the cause of action in negligence accrue) and in the subsequent appeals to the Court of Appeal and House of Lords.
Keckia v Barclays Private Bank: Claim in relation to allegedly negligent investment advice given in respect of a substantial portfolio of equities.
Finlan v EMW: Professional negligence claim against solicitors in relation to a large management buy in and share sale agreement (with Michael McLaren QC).
Insurance & Reinsurance:
Includes Lloyd's and non Lloyd's work.
Lane v Dornoch: Appeared (in October 2005) on behalf of Lloyds Underwriters in a trial concerning construction of a policy extension covering loss of entertainment licence.
Acted for a large insurance broker in relation to the implications of the Financial Services and Markets Act 2000.
Administrative & Public Law:
Acted for several professional disciplinary bodies including the Law Society. Appears regularly in the Administrative Court in applications for Judicial Review.
R (Thompson) v Law Society [2004] All ER 113: Acted for the Law Society (led by Timothy Dutton QC) in the Court of Appeal (whether Article 6 ECHR applies to determinations of inadequate professional services by the OSS).
Fatchett v Law Society: whether the Law Society owes a duty of care to solicitors in the exercise of its regulatory function.
Advised on and appeared in the appeal from the decision in R v Council for Licensed Conveyancers ex p. Watson (Times, 16 June 2000).
Acted for a building society in a large judicial review claim against the Financial Services Ombudsman.
Publications
Joint Author of The Law of Privilege (OUP 2006)
Joint Author Carriage by Air (Butterworths 2001)
Contributing Editor of Commercial Court Procedure (2nd Edition 2001)